Call to Order

Item 1

Item 2 - Consider the approval of the Minutes of the August 30, 2018, regular meeting
of the Texas Transportation Commission

Item 2

Consider the approval of the Minutes of the August 30, 2018, regular meetingof the Texas Transportation Commission

»

Additional Item - Additional Item

Additional Item

Additional Item

»

Item 3A - Contracts
Consider the award or rejection of contracts for highway construction and
maintenance, and construction and rehabilitation of buildings (Presentation)
These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal.
Construction of Highways and Other Transportation Facilities
(see attached itemized list) (MO)

Item 3A

Contracts

Consider the award or rejection of contracts for highway construction andmaintenance, and construction and rehabilitation of buildings (Presentation)These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal.

Item 5 - Public Transportation
Various Counties - Consider the award of federal Section 5311 funds to South East
Texas Regional Planning Commission, federal Section 5311(f) funds to Lower Rio
Grande Valley Development Council, and federal Section 5311(b)(3) funds to Project
Amistad (MO)
The awards identified in this minute order reflect the allocation of funds to the South East Texas Regional
Planning Commission to purchase alternative fuel vehicles based on a Beaumont – Port Arthur MPO
award of Congestion Mitigation and Air Quality (CMAQ) funding subsequently transferred to the Section
5311 program for implementation purpose; the allocation of federal Section 5311(f) Intercity Bus Program
funds to the Lower Rio Grande Valley Development Council based on their 2018 Coordinated Call for
Projects application; and the allocation of Section 5311(b)(3) Rural Transportation Assistance Program
funds to Project Amistad for the 2019 South West Transit Association/Texas Transit Association Roadeo,
Exposition, and Conference training programs.

The awards identified in this minute order reflect the allocation of funds to the South East Texas RegionalPlanning Commission to purchase alternative fuel vehicles based on a Beaumont – Port Arthur MPOaward of Congestion Mitigation and Air Quality (CMAQ) funding subsequently transferred to the Section5311 program for implementation purpose; the allocation of federal Section 5311(f) Intercity Bus Programfunds to the Lower Rio Grande Valley Development Council based on their 2018 Coordinated Call forProjects application; and the allocation of Section 5311(b)(3) Rural Transportation Assistance Programfunds to Project Amistad for the 2019 South West Transit Association/Texas Transit Association Roadeo,Exposition, and Conference training programs.

»

Item 6A - Advisory Committee Appointments
Bicycle Advisory Committee
Consider the appointment of two new members and the re-appointment of one
existing member to the Bicycle Advisory Committee for a three year term (MO)
The Bicycle Advisory Committee advises the commission on bicycle issues and matters of mutual
concern between the department and the bicycling community. By involving representatives of the
public, including bicyclists and other interested parties, the department helps ensure effective
communication with the bicycle community, and that the bicyclist's perspective will be considered
in the development of departmental policies affecting bicycle use, including the design,
construction, and maintenance of highways.

Item 6A

Advisory Committee Appointments

Bicycle Advisory CommitteeConsider the appointment of two new members and the re-appointment of oneexisting member to the Bicycle Advisory Committee for a three year term (MO)

The Bicycle Advisory Committee advises the commission on bicycle issues and matters of mutualconcern between the department and the bicycling community. By involving representatives of thepublic, including bicyclists and other interested parties, the department helps ensure effectivecommunication with the bicycle community, and that the bicyclist's perspective will be consideredin the development of departmental policies affecting bicycle use, including the design,construction, and maintenance of highways.

»

Item 6B - Border Trade Advisory Committee
Consider the appointment of members to the Border Trade Advisory
Committee (MO)
This minute order appoints members to the Border Trade Advisory Committee. The purpose of the
committee, created in 2001 by the 77th Legislature, is to define and develop a strategy and make
recommendations to the commission and the governor, to address the highest priority border
trade transportation challenges.

Item 6B

Border Trade Advisory CommitteeConsider the appointment of members to the Border Trade AdvisoryCommittee (MO)

This minute order appoints members to the Border Trade Advisory Committee. The purpose of thecommittee, created in 2001 by the 77th Legislature, is to define and develop a strategy and makerecommendations to the commission and the governor, to address the highest priority bordertrade transportation challenges.

»

Item 7A - Promulgation of Administrative Rules Under Title 43, Texas Administrative Code,
and the Administrative Procedure Act, Government Code, Chapter 2001:
Final Adoption
Chapter 1 - Management
Amendments to §1.24, Filing of Petition; Procedure for Filing Petition and
Other Documents, §1.25, Procedure for Service of Documents, and §1.36,
Proposal for Decision; Filing of Exceptions and Replies (MO)
These amendments change the manner that a petition for beginning a contested case may be
delivered to the department by deleting the fax option and substituting an email option. The
amendments do not affect the delivery of a petition by U.S. mail or overnight delivery service, or
by hand.

Item 7A

Chapter 1 - ManagementAmendments to §1.24, Filing of Petition; Procedure for Filing Petition andOther Documents, §1.25, Procedure for Service of Documents, and §1.36,Proposal for Decision; Filing of Exceptions and Replies (MO)

These amendments change the manner that a petition for beginning a contested case may bedelivered to the department by deleting the fax option and substituting an email option. Theamendments do not affect the delivery of a petition by U.S. mail or overnight delivery service, orby hand.

To implement Senate Bill 28, 85th Legislature, Regular Session, the rules establish a new ShipChannel Improvement Revolving Loan Program to use money from the Ship ChannelImprovement Revolving Fund, created under Transportation Code, Chapter 56, to financequalified projects for navigation districts.

Item 8 - Design - Build Contract
Travis County - Consider authorizing the department to issue a request for qualifications
to develop, design, construct, and potentially maintain the Oak Hill Parkway Project,
consisting of non-tolled improvements along US 290 from approximately Circle Drive to
Loop 1 and non-tolled improvements along SH 71 from US 290 to Silvermine Drive, and
including the reconstruction of the US 290 and SH 71 interchange, in Austin and
southwest Travis County (MO) (Presentation)
Transportation Code § 223.242 authorizes the department to enter into, in each fiscal year, up to three
design-build contracts for highway projects with a construction cost estimate of $150 million or more. The intersection of two major state highways, US 290 and SH 71 in Oak Hill, is a gateway to southwest Travis
County and serves as a key route between central Austin and the fast-growing suburban and rural
communities southwest of Austin. US 290 is one of the most congested highway corridors in Texas, ranking
as 64th on the list of most congested roadways in the state. This project meets the requirements for designbuild delivery.

Item 8

Design - Build Contract

Travis County - Consider authorizing the department to issue a request for qualificationsto develop, design, construct, and potentially maintain the Oak Hill Parkway Project,consisting of non-tolled improvements along US 290 from approximately Circle Drive toLoop 1 and non-tolled improvements along SH 71 from US 290 to Silvermine Drive, andincluding the reconstruction of the US 290 and SH 71 interchange, in Austin andsouthwest Travis County (MO) (Presentation)

Transportation Code § 223.242 authorizes the department to enter into, in each fiscal year, up to threedesign-build contracts for highway projects with a construction cost estimate of $150 million or more. The intersection of two major state highways, US 290 and SH 71 in Oak Hill, is a gateway to southwest TravisCounty and serves as a key route between central Austin and the fast-growing suburban and ruralcommunities southwest of Austin. US 290 is one of the most congested highway corridors in Texas, rankingas 64th on the list of most congested roadways in the state. This project meets the requirements for designbuild delivery.

»

Item 9 - Financial Assistance for Projects
Transportation Infrastructure Finance and Innovation Act - Dallas and
Tarrant Counties - As contemplated in the funding for the comprehensive development
agreement awarded by Minute Order 113941, dated May 29, 2014, consider authorizing
negotiations with the United States Department of Transportation (USDOT) for a loan in
an aggregate principal amount not to exceed $300 million pursuant to the Transportation
Infrastructure Finance and Innovation Act of 1998 (TIFIA) to pay a portion of the eligible
project costs of the SH 183 Managed Lanes Project (Midtown Express) to reconstruct
approximately 28 miles of existing general purpose lanes and to construct managed lanes
on SH 183, SH 114, and Loop 12 in Dallas and Tarrant counties; consider authorizing the
execution of a TIFIA loan agreement, a note, a master trust agreement and first
supplemental agreement for the loan and ancillary documents; and authorize designated
commission representatives to take all actions necessary to permit the execution and
delivery of the TIFIA loan agreement, the note, trust agreement documents and ancillary
documents on such terms as the commission representative designated under this minute
order shall approve (MO)
This minute order provides final approval to execute and deliver the TIFIA loan documents and trust
agreement documents to be negotiated with the USDOT, and authorizes the issuance of a note in an
aggregate principal amount not to exceed $300 million, with such changes in the TIFIA loan documents
and trust agreement documents as the commission representative designated under the minute order shall
approve.

Item 9

Financial Assistance for Projects

Transportation Infrastructure Finance and Innovation Act - Dallas andTarrant Counties - As contemplated in the funding for the comprehensive developmentagreement awarded by Minute Order 113941, dated May 29, 2014, consider authorizingnegotiations with the United States Department of Transportation (USDOT) for a loan inan aggregate principal amount not to exceed $300 million pursuant to the TransportationInfrastructure Finance and Innovation Act of 1998 (TIFIA) to pay a portion of the eligibleproject costs of the SH 183 Managed Lanes Project (Midtown Express) to reconstructapproximately 28 miles of existing general purpose lanes and to construct managed laneson SH 183, SH 114, and Loop 12 in Dallas and Tarrant counties; consider authorizing theexecution of a TIFIA loan agreement, a note, a master trust agreement and firstsupplemental agreement for the loan and ancillary documents; and authorize designatedcommission representatives to take all actions necessary to permit the execution anddelivery of the TIFIA loan agreement, the note, trust agreement documents and ancillarydocuments on such terms as the commission representative designated under this minuteorder shall approve (MO)

This minute order provides final approval to execute and deliver the TIFIA loan documents and trustagreement documents to be negotiated with the USDOT, and authorizes the issuance of a note in anaggregate principal amount not to exceed $300 million, with such changes in the TIFIA loan documentsand trust agreement documents as the commission representative designated under the minute order shallapprove.

»

Item 10 - Toll Rate Revisions
Dallas and Tarrant Counties - In continuation of the project development process
authorized by Minute Order 113941, dated May 29, 2014, and in accordance with
Regional Transportation Council policy, consider revised toll rates for the SH 183
Managed Lanes Project (Midtown Express) along the SH 183 corridor from just east of
SH 121 to near I-35E/Trinity Parkway (including the proposed Diamond Interchange
Phase II, a portion of which is comprised of SH 114 from Loop 12 to SH 183) in Dallas
and Tarrant Counties (MO)
This minute order authorizes revised toll rates for the SH 183 Managed Lanes Project. This change is
necessary to account for adjustments to the project limits along the SH 183 managed lanes corridor. The
SH 183 Managed Lanes Project includes concurrent flow managed tolled lanes on SH 183 from just east of
SH 121 to near I-35E/Trinity Parkway (including the proposed Diamond Interchange Phase II, a portion of
which is comprised of SH 114 from Loop 12 to SH 183), Loop 12 from SH 183 to I-35E, and SH 114 from
International Parkway to Loop 12 in Dallas and Tarrant Counties. The SH 183 Managed Lanes Project is
an all-electronic, open road tolling managed lane facility.

Item 10

Toll Rate Revisions

Dallas and Tarrant Counties - In continuation of the project development processauthorized by Minute Order 113941, dated May 29, 2014, and in accordance withRegional Transportation Council policy, consider revised toll rates for the SH 183Managed Lanes Project (Midtown Express) along the SH 183 corridor from just east ofSH 121 to near I-35E/Trinity Parkway (including the proposed Diamond InterchangePhase II, a portion of which is comprised of SH 114 from Loop 12 to SH 183) in Dallasand Tarrant Counties (MO)

Item 11 - Eminent Domain Proceedings
Various Counties - Consider the authorization of the filing of condemnation proceedings
to acquire real property by eminent domain for non-controlled and controlled access
highways (see attached itemized list) (MO)
Commission findings, determinations, and authorizations for the state, by motion made in accordance with
Senate Bill 18 (82nd Legislature), to acquire by eminent domain, upon the payment of adequate and just
compensation, various ownership interests in specific parcels of real property that are needed to develop
or improve both non-controlled and controlled access state highways, to include requesting the state
attorney general to bring and pursue condemnation suits relating to those specific parcels of real property
described in the attached itemized list.

Commission findings, determinations, and authorizations for the state, by motion made in accordance withSenate Bill 18 (82nd Legislature), to acquire by eminent domain, upon the payment of adequate and justcompensation, various ownership interests in specific parcels of real property that are needed to developor improve both non-controlled and controlled access state highways, to include requesting the stateattorney general to bring and pursue condemnation suits relating to those specific parcels of real propertydescribed in the attached itemized list.

»

Item 12 - Routine Minute Orders and Reports
a. Donations to the Department
Various Districts - Consider the acknowledgment of donations with a value of
$500 or more, including donations of money, materials, services, or real property,
that are made to the department for the purpose of assisting the department in
carrying out its functions and duties or for improving access to or from a highway
on the state highway system (see attached itemized list) (MO)
State statutes require the commission to acknowledge the acceptance of a gift to the department
that is valued at $500 or more. By the adoption of this minute order, the commission
acknowledges the receipt and acceptance of the property specified in the minute order.
b. Real Estate Dispositions
The commission must approve the sales, transfers, and exchanges of state rights of way and other
real properties that are no longer needed for a state highway purpose.
(1) Anderson County - SL 256 at the Texas State Railroad in Palestine -
Consider the sale of right of way to abutting landowners (MO)
The district has determined that the land is no longer needed for highway purposes. The
abutting landowners have requested to purchase the land, and it may be sold to the
requesters.
b. Real Estate Dispositions (continued)
(2) Limestone County - FM 937 southeast of Groesbeck - Consider the
removal from the system and transfer of control, jurisdiction, and
maintenance, designation on new location, and transfer of right of way to
Limestone County (MO)
The highway was rerouted in two places. The district has determined that the old
segments are no longer needed for state highway purposes and that the highway should
be designated on the new location. Limestone County (county) has agreed to assume
control, jurisdiction, and maintenance. The county has requested the transfer, and the
right of way may be transferred to the county without cost to remain in use for public
road purposes.
(3) Tarrant County - I-820, east side, south of Clifford Street in White
Settlement - Consider the sale of a drainage easement (MO)
The district has determined that the easement is no longer needed for highway drainage
purposes. The owner of the fee in the property has requested to purchase the easement,
and it may be sold to the owner.
(4) Travis County - US 183, old location on Airport Boulevard at Manor
Road in Austin - Consider the sale of right of way to the abutting
landowner (MO)
The district has determined that the land is no longer needed for highway purposes. The
abutting landowner has requested to purchase the land, and it may be sold to the
requester.
(5) Williamson County - BU 79-B, 4th Street in Taylor - Consider the
removal from the system, transfer of control, jurisdiction, and
maintenance, and transfer of right of way to the City of Taylor (MO)
The district has determined that the land is no longer needed for state highway purposes.
The City of Taylor (city) has agreed to assume control, jurisdiction, and maintenance and
has requested the land to be transferred to the city. The land may be transferred to the
city without cost to remain in use for public road purposes.
c. Reports
(1) Compliance Division report
State law requires the commission to establish a compliance program, which must
include a Compliance Division to oversee the program. The Compliance Division is
responsible for acting to prevent and detect serious breaches of department policy, fraud,
waste, and abuse of office, including any acts of criminal conduct within the department.
The Compliance Division is required to provide a monthly report to the commission
regarding investigations and a summary of information relating to trends and
recommendations.
(2) Environmental Hearing Report
Considering the acceptance of the Environmental Impact Statement -
Positive, Negative, or Neutral Public Comments Report for the April 2018
public hearing on SH 68 from I-2/US 83 to I-69C/US 281 in Hidalgo
County (Report)
Per Transportation Code §201.811(b) and 43 TAC §2.107(e)(2), this report lists the
number or positive, negative, and neutral public comments received at a public hearing
held for the referenced project.
d. Transportation Planning
(1) Various Counties - Consider concurrence with the Regional
Transportation Council of the North Central Texas Council of
Governments' funding of construction and other project development costs
of projects to be advanced through the use of payments received from the
North Texas Tollway Authority in accordance with the SH 121 Toll
Project Agreement (MO)
The department has established a separate fund to account for and track projects and
project costs funded with the SH 121 payments. This minute order authorizes the funding
of additional projects' costs and changes to the list of previously-approved projects. The
project costs to be funded were selected through a cooperative process with the Regional
Transportation Council.
(2) Various Counties - Consider concurrence with the Regional
Transportation Council of the North Central Texas Council of
Governments' funding of construction and other project development costs
of projects to be advanced through the use of payments received from the
North Texas Tollway Authority in accordance with the SH 161 Toll
Project Agreement (MO)
The department has established a separate fund to account for and track projects and
project costs funded with the SH 161 payments. This minute order authorizes the funding
of additional projects' costs and changes to the list of previously-approved projects. The
project costs to be funded were selected through a cooperative process with the Regional
Transportation Council.
e. Designation of Access Control
Waller County - US 290, in the City of Prairie View - Consider the designation
of one location on the US 290 east-bound entrance ramp at which access will be
permitted to the abutting property (MO)
The designation of one 45-foot break in the control-of-access line will allow the abutting
landowner to open one commercial driveway for access to and from the US 290 east-bound
entrance ramp. The district has determined that access may be permitted at the designated
location.
f. Speed Zones
Various Counties - Consider the establishment or alteration of regulatory and
construction speed zones on various sections of highways in the state (MO)
This minute order establishes or alters regulatory and construction speed zones on various
sections of highways in the state.

Item 12

Routine Minute Orders and Reports

a. Donations to the DepartmentVarious Districts - Consider the acknowledgment of donations with a value of$500 or more, including donations of money, materials, services, or real property,that are made to the department for the purpose of assisting the department incarrying out its functions and duties or for improving access to or from a highwayon the state highway system (see attached itemized list) (MO)

State statutes require the commission to acknowledge the acceptance of a gift to the departmentthat is valued at $500 or more. By the adoption of this minute order, the commissionacknowledges the receipt and acceptance of the property specified in the minute order.

b. Real Estate DispositionsThe commission must approve the sales, transfers, and exchanges of state rights of way and otherreal properties that are no longer needed for a state highway purpose.

(1) Anderson County - SL 256 at the Texas State Railroad in Palestine -Consider the sale of right of way to abutting landowners (MO)

The district has determined that the land is no longer needed for highway purposes. Theabutting landowners have requested to purchase the land, and it may be sold to therequesters.

b. Real Estate Dispositions (continued)

(2) Limestone County - FM 937 southeast of Groesbeck - Consider theremoval from the system and transfer of control, jurisdiction, andmaintenance, designation on new location, and transfer of right of way toLimestone County (MO)

The highway was rerouted in two places. The district has determined that the oldsegments are no longer needed for state highway purposes and that the highway shouldbe designated on the new location. Limestone County (county) has agreed to assumecontrol, jurisdiction, and maintenance. The county has requested the transfer, and theright of way may be transferred to the county without cost to remain in use for publicroad purposes.

(3) Tarrant County - I-820, east side, south of Clifford Street in WhiteSettlement - Consider the sale of a drainage easement (MO)The district has determined that the easement is no longer needed for highway drainagepurposes. The owner of the fee in the property has requested to purchase the easement,and it may be sold to the owner.

(4) Travis County - US 183, old location on Airport Boulevard at ManorRoad in Austin - Consider the sale of right of way to the abuttinglandowner (MO)

The district has determined that the land is no longer needed for highway purposes. Theabutting landowner has requested to purchase the land, and it may be sold to therequester.

(5) Williamson County - BU 79-B, 4th Street in Taylor - Consider theremoval from the system, transfer of control, jurisdiction, andmaintenance, and transfer of right of way to the City of Taylor (MO)The district has determined that the land is no longer needed for state highway purposes.The City of Taylor (city) has agreed to assume control, jurisdiction, and maintenance andhas requested the land to be transferred to the city. The land may be transferred to thecity without cost to remain in use for public road purposes.

c. Reports

(1) Compliance Division report

State law requires the commission to establish a compliance program, which mustinclude a Compliance Division to oversee the program. The Compliance Division isresponsible for acting to prevent and detect serious breaches of department policy, fraud,waste, and abuse of office, including any acts of criminal conduct within the department.The Compliance Division is required to provide a monthly report to the commissionregarding investigations and a summary of information relating to trends andrecommendations.

(2) Environmental Hearing ReportConsidering the acceptance of the Environmental Impact Statement -Positive, Negative, or Neutral Public Comments Report for the April 2018public hearing on SH 68 from I-2/US 83 to I-69C/US 281 in HidalgoCounty (Report)

Per Transportation Code §201.811(b) and 43 TAC §2.107(e)(2), this report lists thenumber or positive, negative, and neutral public comments received at a public hearingheld for the referenced project.

d. Transportation Planning

(1) Various Counties - Consider concurrence with the RegionalTransportation Council of the North Central Texas Council ofGovernments' funding of construction and other project development costsof projects to be advanced through the use of payments received from theNorth Texas Tollway Authority in accordance with the SH 121 TollProject Agreement (MO)

The department has established a separate fund to account for and track projects andproject costs funded with the SH 121 payments. This minute order authorizes the fundingof additional projects' costs and changes to the list of previously-approved projects. Theproject costs to be funded were selected through a cooperative process with the RegionalTransportation Council.

(2) Various Counties - Consider concurrence with the RegionalTransportation Council of the North Central Texas Council ofGovernments' funding of construction and other project development costsof projects to be advanced through the use of payments received from theNorth Texas Tollway Authority in accordance with the SH 161 TollProject Agreement (MO)

The department has established a separate fund to account for and track projects andproject costs funded with the SH 161 payments. This minute order authorizes the fundingof additional projects' costs and changes to the list of previously-approved projects. Theproject costs to be funded were selected through a cooperative process with the RegionalTransportation Council.

e. Designation of Access ControlWaller County - US 290, in the City of Prairie View - Consider the designationof one location on the US 290 east-bound entrance ramp at which access will bepermitted to the abutting property (MO)

The designation of one 45-foot break in the control-of-access line will allow the abuttinglandowner to open one commercial driveway for access to and from the US 290 east-boundentrance ramp. The district has determined that access may be permitted at the designatedlocation.

f. Speed Zones

Various Counties - Consider the establishment or alteration of regulatory andconstruction speed zones on various sections of highways in the state (MO)

This minute order establishes or alters regulatory and construction speed zones on varioussections of highways in the state.

»

Item 13 - Executive Session, Open Comment, & Adjourn - Executive Session Pursuant to Government Code, Chapter 551
Section 551.071 - Consultation with and advice from legal counsel regarding any
item on this agenda, pending or contemplated litigation, or other legal matters.
OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission
will allow an open comment period, not to exceed one hour, to receive public comment on any
other matter that is under the jurisdiction of the department. No action will be taken. Each
speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the
beginning of the open comment period.
ADJOURN

Item 13 - Executive Session, Open Comment, & Adjourn

Executive Session Pursuant to Government Code, Chapter 551Section 551.071 - Consultation with and advice from legal counsel regarding anyitem on this agenda, pending or contemplated litigation, or other legal matters.

OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commissionwill allow an open comment period, not to exceed one hour, to receive public comment on anyother matter that is under the jurisdiction of the department. No action will be taken. Eachspeaker will be allowed a maximum of three minutes. Speakers must be signed up prior to thebeginning of the open comment period.